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1
RNI No. MAHENG/2009/35528

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+ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö

´É¹ÉÇ 1, +ÆEò 50(10)]

¶ÉÖGò´ÉÉ®ú, +ÉìMÉº]õ 21, 2015/¸ÉÉ´ÉhÉ 30, ¶ÉEäò 1937

[ {ÉÞ¹`äö 20, ËEò¨ÉiÉ : ¯û{ÉªÉä 27.00

+ºÉÉvÉÉ®úhÉ Gò¨ÉÉÆEò 105
|ÉÉÊvÉEÞòiÉ |ÉEòÉ¶ÉxÉ
¨É½þÉ®úÉ¹]Åõ Ê´ÉvÉÉxÉ¨ÉÆb÷³ýÉSÉä  +ÊvÉÊxÉªÉ¨É ´É ®úÉVªÉ{ÉÉ±ÉÉÆxÉÒ |ÉJªÉÉÊ{ÉiÉ  Eäò±Éä±Éä +vªÉÉnäù¶É ´É Eäò±Éä±Éä  Ê´ÉÊxÉªÉ¨É +ÉÊhÉ
Ê´ÉÊvÉ ´É xªÉÉªÉ Ê´É¦ÉÉMÉÉEòbÚ÷xÉ +É±Éä±ÉÒ Ê´ÉvÉäªÉEäò (<ÆOÉVÉÒ +xÉÖ´ÉÉnù).

In pursuance of clause (3) of article 348 of the Constitution of India, the following translation
in English of the Sandip University Act, 2015 (Mah. Act No. XXXVIII of 2015), is hereby published
under  the  authority  of  the  Governor.

By order and in the name of the Governor of Maharashtra,

RAJENDRA  G.  BHAGWAT,

Draftsman-cum-Joint  Secretary  to  Government,

Law  and  Judiciary  Department.

MAHARASHTRA  ACT  No.  XXXVIII  OF  2015.

(First  published,  after  having  received  the  assent  of  the  Governor  in
the  “Maharashtra  Government  Gazette”,  on  the  21st  August  2015).

An  Act  to  provide  for  establishment,  incorporation  and  regulation  of
Sandip  University,  Nashik,  for  the  development  and  advancement  of
higher  education  in  the  State  and  to  provide  for  matters  connected
therewith  and  incidental  thereto.

WHEREAS  it  is  expedient  to  provide  for  establishment,  incorporation
and  regulation  of  the  Sandip  University,  Nashik  for  the  development  and
advancement  of  higher  education  in  the  State  and  to  provide  for  matters
connected  therewith  and  incidental  thereto,  for  the  purposes  hereinafter
appearing  ;  it  is  hereby  enacted  in  the  Sixty-sixth  Year  of  the  Republic  of
India  as  follows  :

1.

(1) This Act may be called the Sandip University Act, 2015.

(2) It shall come into force on such date as the State Government may, by

notification  in  the Official  Gazette,  appoint.

Short  title
and
commence-
ment.

¦ÉÉMÉ  +É`ö--105--1

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Definition

2.

In  this  Act,  unless  the  context  otherwise  requires,—

(a) “Board of Management” means the Board of Management constituted

under section 22 ;

(b) “campus”  means  the  area  of  the  University  within  which  it  is

established  ;

(c) “distance  education”  means  education  imparted  by  combination  of
any two or more means of communications, viz. broadcasting, telecasting,
correspondence courses, seminars, contact programmes and any other such
methodology  ;

(d) “employee”  means  any  person  appointed  by  the  University  and

includes  teachers,  officers  and  other  staff  of  the  University  ;

(e) “fee”  means  monetary  collection  made  by  the  University  or  its
colleges, institutions or study centers, as the case may be, from the students
by whatever name it may be called, which is not refundable;

(f) “Government”  or  “State  Government”  means  the  Government  of

Maharashtra ;

(g) “Governing  Body”  means  the  Governing  Body  constituted  under

section 21 ;

(h)  “higher  education”  means  pursuit  of  knowledge  beyond  learning  at

the stage  of school education ;

(i) “hostel” means a place of residence for the students of the University
or  its  institutions  and  study  centers,  established  or  recognized  to  be  as
such by the University ;

(j) “notification” means a notification published in the Official Gazette ;

(k) “Official  Gazette”  means  the Maharashtra  Government  Gazette  ;

(l) “prescribed”  means  prescribed  by  the  statutes  or  ordinances  or

regulations, as the case may be, made by or under this Act ;

(m) “regulating  body”  means  a  body  established  by  the  Central
Government for laying down norms and conditions for ensuring academic
standards  of  higher  education,  such  as  University  Grants  Commission,
All  India  Council  of  Technical  Education,  National  Council  of  Teacher
Education, Medical Council of India, Pharmacy Council of India, National
Council  of  Assessment  and  Accreditation,  Indian  Council  of  Agriculture
Research,  Distance  Education  Council,  Council  of  Scientific  and  Indian
Research,  etc.  and  includes  the  Government  ;

(n) “rules” means the rules made by the State Government ;

(o) “section” means a section  of this Act ;

 (p) “sponsoring body” means the Sandip Foundation Mumbai, registered

as a  trust under the Maharashtra Public Trusts Act ;

XXIX of
1950.

(q) “State” means the State of Maharashtra ;

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3

(r) “statutes”,  “ordinances”  and  “regulations”  means  respectively,  the
statutes,  ordinances  and  regulations  of  the  University  made  under  this
Act ;

(s) “student”  means  a  person  enrolled  in  the  University  for  taking  a
course  of  study  for  a  degree,  diploma  or  other  academic  distinctions
instituted  by  the  University,  including  a  research  degree  ;

(t) “study  center”  means  a  center  established  and  maintained  or
recognized  by  the  University  for  the  purpose  of  advising,  counselling  or
for rendering any other assistance required by the students in the context
of  distance  education  ;

(u) “teacher”  means  a  Professor,  Associate  Professor,  Assistant
Professor  or  any  other  person  required  to  impart  education  or  to  guide
research or to render guidance in any form to the students for pursuing a
course of  study of the University ;

(v) “University” means the Sandip University, Nashik established under

this Act.

3.

(1) There shall be established a University by the name of the Sandip

University,  Nashik.

Incorporation
of University.

(2) The President, the Vice-Chancellor, the Governing Body, the Board of
Management, the Academic Council and all other persons who may hereafter
become such officers or members so long as they continue to hold such office
or  membership,  are hereby  constituted  and  declared  to  be a  body  corporate
by the name of “the Sandip University, Nashik”.

(3) The  University  shall  have  perpetual  succession  and  a  common  seal

and shall sue and be sued by the said name.

(4) The University shall function as a non-affiliating University established
under  this  Act  and  it  shall  not  affiliate  any  other  college  or  institution  for
the award conferment of degree, diploma and certificate of its degree to the
students  admitted  therein.

(5) The University shall be situated and have its head-quarter at Trimbak
Road,  at  and  post  Mahiravani,  Taluka  and  District  Nashik-422  213,
Maharashtra.

4. The Objects of the University shall be as follows :––

Objects of
University.

(a) to  provide  learning,  teaching,  capacity,  capability  and  skills
development  and  research  and  development  in  higher  and  technical
education,  covering  Liberal  Arts,  Humanities,  Social  Sciences,  Life
Sciences  and  Biotechnologies,  Nano-Sciences  and  Technologies,
Professional  Disciplines  such  as  Engineering,  Technology,  Management,
Business and Commerce, Applied and Creative Arts, Vocational Education,
Media, Information and Communication Technology and Education per se
and  their  inter-disciplinary  studies  and  development ;

(b) to provide instructions, teaching and training in higher and technical
education,  Arts,  Sports,  Culture,  Film,  Space  Technologies,  Marine
Research  and  to  make  provisions  for  research  ;

(c) to create higher level  of  cognitive, affective and psychomotor  (head,

hearts and hands) abilities ;

(d) to  create  higher  levels  of  intellectual  abilities  ;

¦ÉÉMÉ  +É`ö--105--1+

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(e) to  create  and  deploy  new  educational  programmes  to  promote
creativity, innovation and entrepreneurship for inventing of new ways for
development  and  social  reconstruction  and  transformation  ;

(f) to establish state-of-the-art facilities for education and development ;

(g) to  carry  out  teaching  and  research  and  offer  continuing  quality

education  programmes  ;

(h) to  create  centers  of  excellence  for  research  and  development  in
Science  and  Technology  and  Socio-economic  development,  for  sharing
knowledge  and  its  application  ;

(i) to  use  modern  and  post-modern  processes,  mechanisms  and
technologies  for  governance  and  management  of  learning,  teaching,
research,  evaluating,  developing,  organizing  and  creating  socio-economic
wealth for individuals and society for the  21st century ;

(j) to  provide  professional  and  development  services  to  the  industry

and  public  organizations  and  society  ;

(k) to start higher education programmes, courses in new and emerging

areas  with  innovative  approaches  ;

(l) to establish links, collaborations and partnerships with other higher

education  and  research  institutions  in India and  abroad ;

(m) to  institute  degrees,  diplomas,  certificates  and  other  academic
distinctions  on  the  basis  of  examinations,  or  any  other  methods  of
evaluation ;

(n) to  establish  innovative  approaches  for  creation  of  seamlessness  in
academic  structures,  learning  time-frames  and  working  and  continuous
evaluation  processes  for  nurturing  and  cultivation  of  creativity  and
entrepreneurship  ;

(o) to  pursue  any  other  objectives  as  may  be  suggested  by  the

Government ;

(p) to  ensure  that  the  standard  of  the  degrees,  diplomas,  certificates
and  other  academic  distinctions  conferred  by  a  University  are  not  lower
than those laid  down by  the All India  Council for Technical Education  or
the National Council for Teacher Education established under the National
Council  for  Teacher  Education  Act,  1993  or  the  University  Grants
Commission  Constituted  under  the  University  Grants  Commission  Act,
1956  or  the  Pharmacy  Council  of  India  constituted  under  the  Pharmacy
Act, 1948 or the Bar Council of India constituted under the Advocates Act,
1961 or any other statutory body, as the case may be.

5. The  University  shall  have  the  following  powers  and  functions,

73 of
1993.
3 of
1956.
8 of
1948.
25 of
1961.

namely :—

(i) to  make  provisions  and  adopt  all  measures  (including  adoption  and
updating  of  the  curricula)  in  respect  of  study,  teaching  and  research,
relating to the courses through traditional as well as new innovative modes
including  on-line  education  mode  ;

(ii) to  institute  and  confer  degrees,  diplomas,  certificates,  awards,

grades,  credits  and  academic  distinctions  ;

Powers and
Functions of
University.

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5

(iii) to  conduct  and  hold  examinations  ;

(iv) to  provide  for  the  degrees,  diplomas,  certificates,  equivalent  or
corresponding  to  the  degrees,  diplomas,  certificates  of  other  recognized
Universities,  Boards  or  Councils  ;

(v) to take all necessary measures for setting up campus ;

(vi) to set up central library, departmental libraries, museums and allied

matters ;

(vii) to  institute  and  confer  honorary  degrees,  as  may  be  prescribed  ;

(viii) to institute and award fellowships, scholarships, studentships, as

may be specified ;

(ix) to take special measures for spreading educational facilities among

the educationally  backward  strata  of  the  society ;

(x) to  encourage  and  promote  sports  and  other  extra-curricular

activities ;

(xi) to  create  technical,  administrative  and  other  necessary  posts  and

to  make  appointments  thereto  ;

(xii) to  undertake  research  projects  on  mutually  acceptable  terms  and

conditions  ;

(xiii) to  provide  consultancy  services  ;

(xiv) to frame the statutes, ordinances, rules and regulations for carrying
out the objects of the University in accordance with the provisions of this
Act ;

(xv) to  encourage  and  promote  co-curricular  activities  for  personality
development  of  the  teachers,  students  and  employees  of  the  University  ;

(xvi) to provide for dual degrees, diplomas or certificates vis-a-vis other
universities  on  reciprocal  basis  within  and  outside  the  country  as  per
instructions of the State Government, Government of India and University
Grants  Commission  ;

(xvii) to  make  such  provisions  for  integrated  courses  in  different

disciplines  in  the  educational  programmes  of  the  University  ;

(xviii) to  set-up  colleges,  institutions,  off-campus  centers,  off-shore
campus  and  study  centres,  as  per  the  instructions  issued  by  the  State
Government,  Central  Government  and  University  Grants  Commission,
from time to time ;

(xix) to receive donations, gifts and grants and to acquire, hold, manage
and  dispose  of  any  property,  movable  or  immovable,  including  trust  or
endowed property, within or outside the State, for the purposes and objects
of the University and to invest funds ;

(xx) to prescribe the fee structure for various courses, from time to time,

as per the provisions of this Act ;

(xxi) to demand and receive the payments of such fees and other charges,

as may be specified, from time to time ;

(xxii) to  seek  collaboration  with  other  institutions  on  mutually

acceptable  terms  and  conditions  ;

(xxiii) to determine salaries, remunerations,  honoraria to teachers and
employees  of  the  University  in  accordance  with  the  norms,  specified  by
the  University  Grants  Commission  and  the  other  regulatory  bodies ;

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(xxiv) to organize and to undertake extra-mural teaching and extension

services  ;

(xxv) to establish and maintain  halls and hostels;

(xxvi) to  recognize,  supervise  and  control  halls  and  hostels  not
maintained  by  the  University  for  the  residence  of  the  students  and  to
withdraw  any  such  recognition  ;

(xxvii) to  regulate  and  enforce  discipline  among  the  students  and  the
employees  of  the  University  and  to  take  such  disciplinary  measures,  as
may be deemed necessary ;

(xxviii) to make arrangements for promoting health and general welfare

of the students and the employees of the University ;

(xxix) to  co-operate  with,  any  other  university  within  and  outside  the
country,  authority  or  any  public  or  private  body  having  in  view  the
promotion  of  purposes  and  objects  similar  to  those  of  the  University  for
such  purposes,  as  may  be  agreed  upon,  on  such  terms  and  conditions  as
may, from time to time, be specified ;

(xxx) to provide for the printing, re-printing and publication of research
and  other  work,  including  text  books,  which  may  be  issued  by  the
University ;

(xxxi) to  comply  and  follow  from  time  to  time,  the  provisions  of  the
University  Grants  Commission  (Establishment  of  and  Maintenance  of
Standards  in  Private  Universities)  Regulations,  2003  or  any  other
regulations  or  directions  issued  by  the  University  Grants  Commission ;

(xxxii) to  comply  with  and  carry  out  directives  issued  by  the  State
Government,  from  time  to  time,  with  reference  to  above  powers,  duties
and  responsibilities  of  the  University ;

(xxxiii) to do all such things as may be necessary, incidental or conducive

to the attainment of all or any of the objects of the University.

University
open to all.

6.

(1) No  citizen  of  India  shall  be  excluded  from  any  office  of  the
University or from membership of any of its authorities, bodies or committees,
or from appointment to any post, or from admission to any degree, diploma,
certificate  or  other  academic  distinction  or  course  of  study  on  the  ground
only  of  sex,  race,  creed,  class,  caste,  place  of  birth,  religious  belief  or
profession,  political  or  other  opinion.

(2) The  University  shall  adopt  the  Government  policy  and  orders  issued,
from  time  to  time,  in  regard  to  the  reservation  for  Scheduled  Castes,
Scheduled  Tribes,  De-notified  Tribes  (Vimukta  Jatis),  Nomadic  Tribes  and
Other  Backward  Classes  for  the  purpose  of  admission  of  students  in  the
University  departments  and  institutions.

(3) The University shall adopt the general policy of the State Government
in regard to the welfare of various categories of weaker sections of the society
and minorities as directed by the State Government, from  time to time.

7. The  University  shall  be  self-financed  and  it  shall  not  be  entitled  to

receive  any  grant  or  other  financial  assistance  from  the  Government.

8.

(1) The sponsoring body shall establish a permanent statutory fund to
be called “the Endowment Fund” for the University which shall comprise of
atleast five crore rupees, which may be increased suo motu but shall not be
decreased.

University to
be self-
financed.

Endowment
Fund.

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7

(2) The Endowment Fund shall be kept as security deposit to ensure strict
compliance  of  the  provisions  of  this  Act,  rules,  regulations,  statutes  or
ordinances  made  thereunder.

(3) The  Government  shall  have  the  powers  to  forfeit,  in  the  prescribed
manner, a part or whole of the  Endowment Fund, in case the University or
the  sponsoring  body  contravenes  any  of  the  provisions  of  this  Act,  rules,
statutes,  ordinances  or  regulations  made  thereunder.

(4) Income from the Endowment Fund may be utilized for the development
of  infrastructure  of  the  University  but  shall  not  be  utilized  to  meet  out  the
recurring  expenditure  of  the  University.

(5) The  amount  of  Endowment  Fund  shall  be  kept  invested,  until  the
dissolution  of  the  University,  by  way  of  long-term  securities  received  or
guaranteed  by  the  Government,  subject  to  the  condition  that,  the  amounts
so invested from the fund shall not be withdrawn without the permission of
the  Government.

(6) The  certificates  of  the  long-term  securities  shall  be  kept  in  the  safe
custody  of  the  Government;  and  the  Government  shall  have  the  right  to
encash  the  deposit  amount  for  the  purpose  mentioned  in  sub-section  (3).

9. The  University  shall  also  establish  a  fund,  to  be  called  “the  General

Fund”  to  which following  shall  be credited,  namely  :—

General
Fund.

(i) fees  and  other  charges  received  by  the  University  ;

(ii) any contribution made by the sponsoring body ;

(iii) any income received from consultancy and other works undertaken

by the University ;

(iv) bequests, donations, endowments and any  other grants ; and

(v) all  other  sums  received  by  the  University.

10. The General Fund shall be utilized for meeting all expenses, recurring

or  non-recurring  in  connection  with  the  affairs  of  the  University :

Utilization  of
General Fund.

Provided that, no expenditure shall be incurred by the University in excess
of  the  limits  for  total  recurring  expenditure  and  total  non-recurring
expenditure  for  the  year,  as  may  be  fixed  by  the  Board  of  Management,
without  the  prior  approval  of  the  Board  of  Management.

11. The following  shall be  the officers  of  the  University, namely  :—

Officers of
University.

(i) the  President  ;

(ii) the  Vice-Chancellor  ;

(iii) the Deans of Faculties ;

(iv) the  Registrar  ;

(v) the  Chief  Finance  and  Accounts  Officer  ;

(vi) the  Controller  of  Examinations  ;  and

(vii) such  other  persons  in  the  service  of  the  University,  as  may  be

declared by the statutes, to be the the officers of the University.

12.

(1)  The  President  shall  be  appointed  by  the  sponsoring  body  for  a
period of three years, with the approval of the Government in such manner
as may be prescribed by the rules.

President.

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(2) The eligibility and criteria for the post of President shall be as may be

prescribed  by  the  rules  and  regulations  issued  by  the  State  Government.

(3) The President shall be the Head of the University.

(4)  The  President  shall  preside  over  at  the  meetings  of  the  Governing
Body  and  convocation  of  the  University  for  conferring  degrees,  diplomas  or
other  academic  distinctions.

(5)  The  President shall  have  the  following  powers,  namely  :—

(a) to call for any information or record from any officer or authority

of the University, relating to the affairs of the University ;

(b)  to  appoint  the  Vice-Chancellor  ;

(c)  to  remove  the  Vice-Chancellor  in  accordance  with  the  provisions

of sub-section (7) of section 14 ;

(d) such other powers, as may be specified by the statutes.

Removal of
President.

13. The President may be removed from his office by the sponsoring body,

if it is satisfied that the incumbent,—

(a)  becomes insane and stands so  declared by a  competent  court;

(b) has been convicted by a court for any offence involving moral turpitude ;

(c) becomes  an  undischarged  insolvent  and  stands  so  declared  by  a

competent  court  ;

(d)  become  physically  unfit  and  incapable  of  discharging  the  functions  or

duties  of  the  office  due  to  protracted  illness  or  physical  disability  ;  or

(e)  has  willfully omitted  or refused  to  carry out the provisions of this Act
or  has  committed  breach  of  any  of  the  terms  and  conditions  of  the  service
contract or any other conditions laid down by the statutes, or has abused the
powers vested in him or if the continuance of the President in the office has
become  detrimental  to  the  interests  of  the  University  :

Provided  that,  the  President  shall  be  given  a  reasonable  opportunity  to
show-cause  by  the  sponsoring  body  before  taking  recourse  to  action  under
clauses (d) and (e) for his removal from the said office.

Vice-
Chancellor.

14.

(1) The Vice-Chancellor shall be appointed by the President, on such
terms  and  conditions,  as  may  be  specified  by  the  statutes,  from  a  panel  of
three persons recommended by the Governing Body and shall, subject to the
provisions contained in sub-section (7), hold office for a term of three years :

Provided  that,  after  the  expiry  of  the  term  of  three  years,  the  Vice-
Chancellor  shall  be  eligible  for  re-appointment  for  another  term  of  three
years :

Provided  further  that,  the  Vice-Chancellor  shall  continue  to  hold  office
even  after  the  expiry  of  his  term  till  new  Vice-Chancellor  joins  his  duties,
however,  in any  case,  this period  shall  not  exceed one  year.

(2)  The  Vice-Chancellor  shall  be  the  principal  executive  and  academic
officer  of  the  University  and  shall  have  the  powers  of  superintendence  and
control  over  the  affairs  of  the  University  and  shall  execute  the  decisions  of
various  authorities  of  the  University.

(3)  The  Vice-Chancellor  shall  preside  over  at  the  convocation  of  the

University  in  the  absence  of  the  President.

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(4)  If  in  the  opinion  of  the  Vice-Chancellor,  it  is  necessary  to  take
immediate action on any matter for which powers are conferred on any other
authority by or under this Act, he may take such action as he deems necessary
and shall at the earliest opportunity thereafter, report his action to such officer
or authority as would have in the ordinary course dealt with the matter :

Provided that, if in  the  opinion of  the concerned  officer  or authority such
action  should  not  have  been  taken  by  the  Vice-Chancellor,  then  such  case
shall  be  referred  to  the  President,  whose  decision  thereon  shall  be  final.

(5) If, in the opinion of the Vice-Chancellor, any decision of any authority
of  the  University  is  outside  the  powers  conferred  by  this  Act  or  statutes,
ordinances, regulations or rules made thereunder or is likely to be prejudicial
to  the  interests  of  the  University,  he  shall  request  the  concerned  authority
to  revise  its  decision  within  fifteen  days  from  the  date  of  decision  and  in
case the authority refuses to revise such decision wholly or partly or fails to
take any decision within fifteen days, then such  matter shall be referred  to
the President  and his  decision  thereon  shall  be  final.

(6)  The  Vice-Chancellor  shall  exercise  such  powers  and  perform  such

duties, as may be specified by  the statutes or the ordinances.

(7) If at any time upon representation made or otherwise, and after making
such inquiry  as may  be  deemed necessary, the  situation so warrants  and  if
the  continuance  of  the  Vice-Chancellor  is  not  in  the  interests  of  the
University, the President with  approval of the Governing Body, may, by  an
order  in  writing  stating  the  reasons  therefor,  ask  the  Vice-Chancellor  to
relinquish his office from such date, as may be specified in the order :

Provided  that,  before  taking  an  action  under  this  sub-section,  the  Vice-

Chancellor shall  be given  an opportunity  of being  heard.

15.

(1)  The  Deans  of  Faculties  shall  be  appointed  by  the  President  in
such manner and on such terms and conditions of service, as may be specified
by the statutes.

Deans of
Faculties.

(2)  The  Deans  of  Faculties  shall  assist  the  Vice-Chancellor  in  managing
the  academic  and  other  affairs  of  the  University  and  shall  exercise  such
powers and perform such functions, as may be prescribed by the regulations
or  be  entrusted  by  the  President  and  Vice-Chancellor.

16.

(1) The Registrar shall be appointed by the President in such manner
and  on  such  terms  and  conditions  of  service,  as  may  be  specified  by  the
statutes.

Registrar.

(2)  The  Registrar  shall  be  the  Chief  Administrative  Officer  of  the
University.  Subject  to  the  decision  of  the  authorities  of  the  University,  he
shall have the power to enter into agreement, contract, sign documents and
authenticate  records  on  behalf  of  the  University.  He  shall  exercise  such
powers and perform such duties, as may be specified by the statutes.

(3)  The  Registrar  shall  be  the  Member-Secretary  of  the  Governing  Body,
Board of Management and Academic Council, but shall not have the right to
vote.

(4)  The  Registrar  shall  be  the  custodian  of  the  records,  the  common  seal
and such other property of the University as the Governing Body may, commit
to  his  charge.

(5) The Registrar shall exercise such other powers and perform such other
duties, as may be prescribed by or under this Act, or, as may be conferred on
him by the statutes or, may be assigned to him, by the Vice-Chancellor, from
time  to  time.
¦ÉÉMÉ  +É`ö--105--2

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Controller of
Examination.

17.

(1) The  Controller  of  Examinations  shall  be  appointed  by  the
President  in  such  manner  and  on  such  terms  and  conditions  of  service,  as
may be specified by the statutes.

(2) The Controller of Examinations shall be the Principal officer-in-charge
of the conduct of examinations and tests of the University and declarations
of their results. He shall discharge his functions under the superintendence,
directions  and  guidance  of  the  Vice-Chancellor.

(3) The Controller  of Examinations shall  be  a full-time salaried officer  of
the  University  and  shall  work  directly  under  the  direction  and  control  of
the Vice-Chancellor. His appointment shall be for a term of three years and
he shall be eligible for re-appointment for a term not exceeding three years.
The  qualifications  and  experience  for  the  purpose  of  selection  of  the
Controller shall be such, as may be prescribed by the statutes.

(4) The  Controller  of  Examinations  shall  be  responsible  for,—

(a) preparing and announcing in advance, the calendar of examinations ;

(b) arrangement  for  printing of  question  papers ;

(c) arrangement for the timely publication of result of examinations and

other tests ;

(d) taking  disciplinary  action  where  necessary  against  the  candidates,
paper-setters, examiners, moderators or any other persons connected with
examinations  and  found  guilty  of  malpractices  in  relations  to  the
examinations  ;

(e) reviewing, from time to time, the results of University examinations

and  forward  reports  thereon  to  the  Academic  Council.

(5) The  Controller  of  Examinations  shall  exercise  such  other  powers
and perform such other duties, as may be prescribed or assigned to him.

Chief Finance
and Accounts
Officer.

18.

(1)  The  Chief  Finance  and  Accounts  Officer  shall  be  the  principal

finance,  accounts  and audit  officer of  the University.

(2) The  Chief  Finance  and  Accounts  Officer  shall  be  appointed  by  the
President in such manner and on such terms and conditions of service, as
may be specified by the statutes.

(3) The Chief  Finance and  Accounts Officer  shall  exercise  such  powers

and perform such duties, as may be specified by the statutes.

Other Officer.

19.

(1) The  University  may  appoint  such  other  officers,  as  may  be

necessary  for  its  functioning.

Authorities of
University.

(2)  The  manner  of  appointment  of  other  officers  of  the  University,  the
terms  and  conditions  of  service  of  such  officers  and  their  powers  and
functions shall be such, as may be specified by the statutes.

20. The following shall be the authorities of the University namely :—

(i) the  Governing  Body  ;

(ii) the  Board  of  Management;

(iii) the  Academic  Council  ;

(iv) the Board of Examinations ; and

(v) such other authorities, as may be declared by the statutes to be the

authorities  of  the  University.

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11

21.

(1) The Governing Body of the University shall consist of the  following

members, namely :—

Governing
Body.

(i) the  President ;
(ii)  the  Vice-Chancellor  ;
(iii)  five  persons,  nominated  by  the  sponsoring  body  out  of  whom  two

shall  be  the  eminent  educationists;

(iv)  one  expert  of  management  or  information  technology  from  outside

the  University,  nominated  by  the  President  ;

(v) two  persons, nominated by the State Government ;
(vi)  two  representatives  of  the  industries  to  be  nominated  by  the

President  ;

(vii)  the  Registrar  of  the  University  shall  be  the  permanent  invitee  to

the Governing Body, but shall not have right to vote.

(2) The Governing Body shall be the supreme authority of the University.

(3) The  Governing  Body  shall  have  the  following  powers,  namely  :—

(a) to  provide  general  superintendence  and  directions  and  to  control
functioning of the University by using all such powers as are provided by
this Act or the statutes, ordinances, regulations or rules made thereunder ;
(b) to review the decisions of other authorities of the University in case
they are not in conformity with the provisions of this Act or the statutes,
ordinances,  regulations  or  rules  made  thereunder  ;

(c) to approve  the budget  and annual report  of the  University ;
(d) to  lay down  the  policies  to be  followed by  the University  ;
(e) to recommend to the sponsoring body about the voluntary liquidation
of  the  University,  if  a  situation  arises  when  smooth  functioning  of  the
University does not  remain possible, in spite  of all  efforts ; and
(f) such  other powers,  as may be prescribed  by the statutes.

(4) The Governing Body  shall meet at least thrice in a calendar year.

(5) The quorum for  meetings of the Governing Body shall be five.

22.

(1) The Board of Management shall consist of the following    members,

namely :—

(i)  the  Vice-Chancellor  ;
(ii)  two  members  of  the  Governing  Body,  nominated  by  the  sponsoring

body ;

(iii)  two  Deans  of  the  University,  by  rotation,  to  be  nominated  by  the

Vice-Chancellor  ;

(iv)  three  persons,  who  are  not  the  members  of  the  Governing  Body,

nominated by  the sponsoring body ; and

(v)  three  persons  from  amongst  the  teachers,  nominated  by  the

sponsoring  body.

(2) The  Vice-Chancellor  shall  be  the  Chairperson  of  the  Board  of

Management.

(3) The powers and functions of the Board of Management shall be such,

as may be specified by the statutes.

(4) The Board of Management shall  meet at least once in  every two

months.

(5) The quorum for meetings of the Board of Management shall be five.

Board of
Management.

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Academic
Council.

23.

(1)  The  Academic  Council  shall  consist  of  the  Vice-Chancellor  and

such other members, as may be specified by the statutes.

(2) The Vice-Chancellor shall be the ex-officio Chairperson of the Academic

Council.

Board of
Examination.

Constitution,
powers and
functions of
others
authorities of
University.

Disqualificat-
ions.

(3) The  Academic  Council  shall  be  the  principal  academic  body  of  the
University  and  shall,  subject  to  the  provisions  of  this  Act  and  the  rules,
statutes  and  ordinances  made  thereunder,  co-ordinate  and  exercise  general
supervision  over  the  academic  policies  of  the  University.

(4) The  quorum  for  meetings  of  the  Academic  Council  shall  be  such,  as

may be specified by the statutes.

24.

(1) The Board of Examinations shall be the principal authority of the
University  for  conducting  the  examinations  and  making  policy  decisions  in
regard  to  organizing  and  holding  examinations,  improving  the  system  of
examinations, appointing the paper-setters, examiners, moderators and also
prepare the Schedule of Examinations and declaration of results. The Board
of  Examinations  should  also  oversee  and  regulate  the  conduct  of
examinations  in  study  centers,  or  any  center  related  to  the  University.

Explanation.—For  the  purposes  of  this  section  and  of  section  38,  the
expression  “Schedule  of  Examinations”  means  a  table  giving  details  about
the time, day and date of the commencement of each paper which is a part of
a  Scheme  of  Examinations  and  shall  also  include  the  details  about  the
practical  examinations.

(2) The  Board  of  Examinations  shall  consist  of  following  members

namely :—

(i)  the  Vice–Chancellor  –

Chairperson  ;

(ii) Professor of each subject –

(iii)  one  evaluation  expert,

co-opted  by  the  Board  of
Examinations–

Member ;

Member ;

(iv)  the  Controller  of  Examinations–  Member-Secretary.

(3) The powers and functions of the Board of Examinations shall be such,

as may be laid down by the statutes.

25. The  constitution,  powers  and  functions  of  other  authorities  of  the

University shall be such as may be specified by the statutes.

26. A  person  shall  be  disqualified  for  being  a  member  of  any  of  the

authorities  or  bodies  of  the  University,  if  he,—

(a) is of unsound mind and stands so declared by a competent court ;

(b) has  been  convicted  of  any  offence  involving  moral  turpitude  ;

(c) is  conducting  or engaging  himself  in  private  coaching classes  ;  or

(d) has  been  punished  for  indulging  in  or  promoting  unfair  practices

in the conduct of any examination, in any form, anywhere.

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13

27. No act or proceedings of any authority or body of the University shall
be  invalid  merely  by  reason  of  any  vacancy  or  defect  in  the  constitution
thereof.

28.

In case, there occurs any casual vacancy in any authority or body of
the University, due to death, resignation or removal of a member, the same
shall  be  filled,  as  early  as  possible,  by  the  person  or  body  who  appoints  or
nominates  the  member  whose  place  becomes  vacant;  and  the  person  so
appointed  or  nominated  to  fill  a  casual  vacancy  shall  be  a  member  of  such
authority or body for the residue of the term of such member in whose place
he  has  been so  appointed  or  nominated.

Vacancies not
to invalidate
Proceeding of
any authority
or body of
University.

Filling of casual
vacancies.

29.

(1)  The  authorities  or  officers  of  the  University  may  constitute
committees  with  such  terms  of  reference  for  specific  tasks  to  be  performed
by such committees, as may be necessary.

Committees.

(2) The constitution of such committees shall be such, as may be specified

by the statutes.

30.

(1) The first statutes of the University shall be made by the  Governing

First  statutes.

Body and shall be submitted  to  the  Government  for  its approval.

(2) Subject  to  the  provisions  of  this  Act,  and  the  rules  made  thereunder,
the first statutes of the University may provide for all or any of the following
matters, namely :—

(a) the  constitution,  powers  and  functions  of  the  authorities  and  other

bodies of the University, as may be constituted, from time to time ;

(b) the terms and conditions of appointment of the Vice-Chancellor and

his powers and functions ;

(c) the  manner  of  appointment  and  terms  and  conditions  of  service  of
the Deans of Faculties, Registrar and Chief Finance and Accounts Officer
and their powers and functions ;

(d) the  manner  of  appointment  and  terms  and  conditions  of  service  of

the  employees  and  their  powers  and  functions  ;

(e) the  procedure  for  arbitration  in  case  of  disputes  between  the

employees,  students  and  the  University  ;

(f) the  conferment  of  honorary  degrees  ;

(g) the  provisions  regarding  exemption  of  students  from  payment  of

tution fee  and for awarding  to  them scholarships  and  fellowships ;

(h)  provisions  regarding  the  policy  of  admissions,  number  of  seats  in

different  courses  including  regulation  of  reservation  of  seats  ;  and

(i)  provisions  regarding  fees  to  be  charged  from  the  students.

(3) The  Government  shall  consider  the  first  statutes,  submitted  by  the
Governing  Body  and  shall,  within  four  months  from  the  date  of  its  receipt,
give  its  approval  thereon  with  such  modifications,  if  any,  as  it  may  deem
necessary.

(4) The Government shall publish the first statutes, as approved by it, in
the Official Gazette and thereafter, such statutes shall come into force from
the date  of such publication.

¦ÉÉMÉ  +É`ö--105--3

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Subsequent
statutes.

31.

(1)  Subject  to  the  provisions  of  this  Act  and  the  rules  made
thereunder, the subsequent statutes of the University may provide for all or
any of the following matters, namely :—

(a) creation  of  new  authorities  of  the  University  ;

(b) accounting  policy  and  financial  procedure  ;

(c) representation  of  teachers  in  the  authorities  of  the  University  ;

(d) creation  of  new  departments  and  abolition  or  restructuring  of

existing  departments  ;

(e) institution  of  medals  and  prizes  ;

(f) creation  of  posts  and  procedure  for  abolition  of  posts  ;

(g) revision  of  fees  ;

(h) alteration of the number of seats in different syllabi ; and

(i) all  other  matters  which  under  the  provisions  of  this  Act  are  to  be

specified  by  the  statutes.

(2) The  statutes  of  the  University  other  than  the  first  statutes  shall  be
made by the Board of Management with the approval of the Governing Body.

(3) The  Board  of  Management  may,  from  time  to  time,  make  new  or
additional  statutes  or  may  amend  or  repeal  the  statutes  so  made  in  the
manner  hereinafter  provided  in  this  section  :

Provided  that,  the  Board  of  Management  shall  not  make  any  statute  or
any  amendment  of  the  statutes  affecting  the  status,  powers  or  constitution
of  any  existing  authority  of  the  University  until  such  authority  has  been
given  an  opportunity  of  expressing  an  opinion  on  the  proposal,  and  any
opinion  so  expressed  shall  be  in  writing  and  shall  be  considered  by  the
Governing  Body.

(4) Every  such  statutes  or  addition  to  the  statutes  or  any  amendment  or

repeal of the statutes shall be subject to the approval of the Government :

Provided  that,  no  statutes  shall  be  made  by  the  Board  of  Management
affecting  the  discipline  of  students  and  standards  of  instruction,  education
and  examination  except  in  consultation  with  the  Academic  Council.

First
Ordinance.

32.

(1) The first ordinances of the University shall be made by the Vice-
Chancellor  which,  after  being  approved  by  the  Governing  Body,  shall  be
submitted  to  the  Government  for  its  approval.

(2)  Subject  to  the  provisions  of  this  Act  or  the  rules  or  statutes  made
thereunder, the Board of Management may make such first ordinances with
the  approval  of  the  Governing  Body  as  it  deems  appropriate  for  the
furtherance of the objects of the University and such ordinances may provide
for all or any of the following matters, namely :—

(a) the admission of students to the University and their enrolment as

such ;

(b) the  courses  of  study  to  be  laid  down  for  the  degrees,  diplomas  and

certificates  of  the  University  ;

(c) the award of the degrees, diplomas, certificates and  other academic
distinctions, the minimum qualifications for the same and the means to be
taken relating to the granting and obtaining of the same ;

(d) the  conditions  for  awarding  of  fellowships,  scholarships,  stipends,

medals and prizes ;

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15

(e) the conduct of examinations, including the terms of office and manner
of  appointment  and  the  duties  of  examining  bodies,  examiners  and
moderators  ;

(f) fees  to  be  charged  for  the  various  courses,  examinations,  degrees

and diplomas of the University ;

(g) the  conditions  of  residence  of  the  students  in  the  hostels  of  the

University  ;

(h) provisions  regarding  disciplinary  action  against  the  students  ;

(i) the  creation,  composition  and  functions  of  any  other  body  which  is
considered  necessary  for  improving  the  academic  life  of  the  University  ;

(j) the manner of co-operation and collaboration with other Universities

and institutions  of higher  education ; and

(k) all other matters which are required to be provided by the ordinances

under  the  provisions  of  this  Act  or  the  statutes  made  thereunder.

(3) The  Government  shall  consider  the  first  ordinances  submitted  by  the
Vice-Chancellor  under  sub-section  (1)  and  shall  give  its  approval,  within
four months from the date of its receipt, with such modifications, if any, as it
may  deem  necessary.

33.

(1)  All  ordinances  other  than  the  first  ordinances  shall  be  made  by
the  Academic  Council  which,  after  being  approved  by  the  Board  of
Management shall  be  submitted to the  Governing Body,  for  its approval.

Subsequent
Ordinances.

(2) The Academic Council shall either modify the ordinances incorporating
the  suggestions  of  the  Board  of  Management  and  the  Governing  Body  or
give  reasons  for  not  incorporating  the  suggestions,  and  shall  return  the
ordinances  along  with  such  reasons,  if  any.  The  Board  of  Management  and
the Governing Body shall consider the  suggestions of  the Academic Council
and  shall  approve  the  ordinances  of  the  University  with  or  without  such
modification  and  then  the  ordinances,  as  approved  by  the  Governing  Body,
shall  come  into  force.

34. The  authorities of  the University  may,  subject  to  the  prior  approval
of  the  Board  of  Management,  make  regulations,  consistent  with  the
provisions  of  this  Act,  the  rules,  statutes  and  the  ordinances  made
thereunder,  for  the  conduct  of  their  own  business  and  of  the  committees
appointed  by  them.

Regulations.

35.
merit.

(1) Admission in the University shall be made strictly on the basis of

Admission.

(2) Merit  for  admission  in  the  University  may  be  determined,  either  on
the  basis  of  marks  or  grade  obtained  in  the  qualifying  examination  for
admission  and  achievements  in  co-curricular  and  extra-curricular  activities
or on the basis of marks or grade obtained in the entrance test conducted at
State  level  either  by  an  association  of  the  Universities  conducting  similar
courses or by any agency of the State :

Provided  that,  admission  in  professional  and  technical  courses  shall  be

made  only  through  the  entrance  test.

(3) Seats  for  admission  in  the  University,  for  the  students  belonging  to
the Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis),
Nomadic  Tribes,  Other  Backward  Classes  and  handicapped  students,  shall
be reserved as per the policy of the State Government :

Provided  that,  the  total  reservation  in  any  case  shall  not  exceed  fifty

per  cent.
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(4) Out  of  the  total  approved  intake  capacity,  seventy  per  cent.  of  the
seats shall be reserved for the students domiciled in the State of Maharashtra.

Fee structure.

36.

(1) The University may, from time to time, prepare its fee structure
and  forward  it  for  approval  of  the  committee  constituted  by  the  State
Government  for  the  purpose.

(2) The  Government  shall  constitute a  Fee  Structure  Review  Committee,
in  the  manner  as  may  be  prescribed,  to  review  the  fee  structure  proposals
received  from  the  University.

(3) The  Chairperson  for  the  committee  mentioned  under  sub-section  (2),
shall  be  a  retired  Judge  of  the  Supreme  Court  or  a  retired  Chief  Justice  of
any High Court. The Chairperson of the committee shall be a person who is
recommended by the High Court at Mumbai.

(4) The  committee  shall  consider  the  fee  structure  prepared  by  the
University,  review  it  and  shall  submit  its  recommendations  to  the
Government  after  taking  into  consideration  whether  the  proposed  fee  is–

(a) sufficient  for,—

(i)  generating  resources  for  meeting  the  recurring  expenditure  of

the University ; and

(ii)  the  savings  required  for  the  further  development  of  the

University ;  and

(b) not  unreasonably  excessive.

(5) After  receipt  of  the  recommendations  under  sub-section  ( 4),  the
Government  if  satisfied,  may  approve  the  fee  structure.  The  fee  structure
approved  by  the  Government  shall  remain  valid  until  next  revision.

(6) The State  Government shall  not  reimburse  any fees  or  shall  not take
any financial liability for students belonging to the backward classes admitted
into  the  University.

(7) The  University  shall  not  charge  any  fees,  by  whatever  name  called,

other than that for  which it is entitled under sub-section (5).

Prohibition of
capitation fee.

37.

(1) No capitation fee shall be collected by or on behalf of the University
or by any person who is in charge of, or is responsible for, the management
of such institution, from or in relation to any student in consideration of his
admission to and prosecution of any course of study or of his promotion to a
higher standard or class  in  such institution.

(2) Notwithstanding anything contained in sub-section (1), the management
may in good faith collect or accept donations in cash or kind, in the prescribed
manner,  from  benevolent  persons  or  organizations  or  public  trusts  or  any
other association of persons, for opening of new educational institutions, for
creation  of  the  Endowment  Fund  for  award  of  scholarship,  prizes  or  the
like, but while collecting or accepting such donations, the management shall
not reserve any seats in any educational institution run by it in consideration
of  such  donations.  Where  in  consideration  of  accepting  such  donations,  any
seat  is  reserved  for  admission  to  any  student  in  such  institution,  such
acceptance of donation shall be deemed to be the collection of capitation fee,
within the meaning of clause (a) of section 2 of the Maharashtra Educational
Institutions  (Prohibition  of  Capitation  Fee)  Act,  1987.

Mah. VI
of 1988.

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17

38. At the beginning of each academic session and  in any case not later
than  30th  June  of  every  calendar  year,  the  University  shall  prepare  and
publish  a  semester-wise  or  annual,  as  the  case  may  be,  Schedule  of
Examinations  for  each  and  every  course  conducted  by  it  and  shall  strictly
adhere to such Schedule :

Schedule of
Examinations.

Provided  that,  if  for  any  reason  whatsoever,  the  University  is  unable  to
follow this  Schedule, it  shall,  as  soon  as  practicable, submit  a  report  to the
Government  giving  the  detailed  reasons  for  making  a  departure  from  the
published  Schedule  of  Examinations.  The  Government  may,  thereon,  issue
such directions as it may deem fit  for  better  compliance in future.

39.

(1)  The  University  shall  strive  to  declare  the  results  of  every
examination  conducted  by  it  within  thirty  days  from  the  last  date  of  the
examination for a particular course and shall in any case declare the results
latest within forty-five days from such date :

Declaration of
results.

Provided  that,  if  for  any  reason  whatsoever,  the  University  is  unable  to
finally declare the results of any examination within the period of forty-five
days,  it  shall  submit  a  report  incorporating  the  detailed  reasons  for  such
delay  to  the  Government.  The  Government  may,  thereon,  issue  such
directions, as it  may deem fit for  better  compliance  in future.

(2) No examination or the results of an examination shall be deemed to be
invalid only for the reasons that the University has not followed the Schedule
of Examinations as stipulated in section 38 or that the University has failed
to  declare  the  results  within  the  period  specified  in  sub-section  (1).

40. The  convocation  of  the  University  shall  be  held  in  every  academic
year in the manner, as may be specified by the statutes for conferring degrees,
diplomas  or  for  any  other  purpose.

Convocation.

41. The University shall  obtain  accreditation from the  National Council
of  Assessment  and  Accreditation  (NAAC),  Bangalore  within  three  years  of
its  establishment  and  inform  the  Government  and  such  other  regulating
bodies  which  are  connected  with  the  courses  taken  up  by  the  University
about  the  grade  provided  by  NAAC  to  the  University.  The  University  shall
get renewed such accreditation at an interval of every five years thereafter.

42. Notwithstanding anything contained in this Act, the University shall
be bound to comply with all the rules, regulations, norms, etc. of the regulating
bodies  and  provide  all  such  facilities  and  assistance  to  such  bodies  as  are
required  by them  to  discharge  their duties  and carry  out their  functions.

43.

(1) The annual report of the University shall be prepared by the Board
of Management which shall include among other matters, the steps taken by
the  University  towards  the  fulfillment  of  its  objects  and  shall  be  approved
by  the  Governing  Body  and  copy  of  the  same  shall  be  submitted  to  the
sponsoring  body.

(2) Copies of the annual report prepared under sub-section (1), shall also

be  presented  to  the  Government.

(3) The  State  Government  shall  cause  such  report  to  be  laid  before  each

House  of  the State  Legislature.

Accreditation.

University to
follow rules,
regulations,
norms, etc. of
regulating
bodies.
Annual report.

44.

(1)  The  annual  accounts  including  balance  sheet  of  the  University
shall be prepared under the directions of the Board of Management and the
annual accounts shall be audited at least once in every year by the auditors
appointed  by  the  University  for  this  purpose.

Annual
accounts and
audit.

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(2) A copy of the annual accounts together with the audit report shall  be

submitted  to  the  Governing  Body.

(3) A  copy  of  the  annual  accounts  and  audit  report  along  with  the
observations  of  the  Governing  Body  shall  be  submitted  to  the  sponsoring
body.

(4) Copies  of  the  annual  accounts  and  balance  sheet  prepared  under

sub-section  (1),  shall  also  be  presented  to  the  Government.

(5) The advice of the Government, if any, arising out of the accounts and
audit  report  of  the  University  shall  be  placed  before  the  Governing  Body
and the Governing Body shall issue such directions, as it may deem fit and
compliance  thereof  shall  be  reported  to  the  Government.

Powers of
Government to
inspect
University.

45.

(1) For  the  purpose  of  ascertaining  the  standards  of  teaching,
examination  and  research  or  any  other  matter  relating  to  the  University,
the Government may, after consultation with the Vice- Chancellor, cause an
assessment to be made in such manner, as may be prescribed, by such person
or persons as it may deem fit.

Dissolution of
University by
sponsoring
body.

Special powers
of State
Government in
certain
circumstances.

(2) The  Government  shall  communicate  to  the  University  its
recommendations  in  regard  to  the  result  of  such  assessment  for  corrective
action  and  the  University  shall  take  such  corrective  measures  as  are
necessary  so  as  to  ensure  the  compliance  of  the  recommendations.

(3) If the University fails to comply with the recommendations made under
sub-section  (2),  within  a  reasonable  time,  the  Government  may  give  such
directions as it may deem fit which shall be binding on the University.

46.

(1) The sponsoring body may dissolve the University by giving a notice
to  this  effect  to  the  Government,  the  employees  and  the  students  of  the
University at least one year in advance :

Provided  that,  dissolution  of  the  University  shall  have  effect  only  after
the  last  batches  of  students  of  the  regular  courses  have  completed  their
courses  and  they  have  been  awarded  degrees,  diplomas  or  awards,  as  the
case may be.

(2) On the dissolution of the University all the assets and liabilities of the

University shall  vest in the  sponsoring  body :

Provided that, in case the sponsoring body dissolves the University before
twenty five years of its establishment, all the assets of the University shall
vest  in  the  Government  free  from  all  encumbrances.

47.

(1)  If  it  appears  to  the  Government  that  the  University  has
contravened  any  of  the  provisions  of  this  Act  or  the  rules,  statutes  or
ordinances made there under or has contravened any of the directions issued
by it under this Act or has ceased to carry out any of the undertaking given
under  section  5  of  this  Act  or  a  situation  of  financial  mis-management  or
mal-administration has arisen in the University, it shall issue notice requiring
the University to show cause within forty-five days as to why an order of its
liquidation  should not  be  made.

(2)  If  the  Government,  on  receipt  of reply  of  the  University  on  the  notice
issued  under  sub-section  (1),  is  satisfied  that  there  is  a prima  facie  case  of
contravention of all or any of the provisions of this Act or the rules, statutes
or  ordinances  made  thereunder  or  of  contravention  of  the  directions  issued
by  it  under this  Act  or  of ceasing  to  carry  out  the undertaking  given  under
section 5 or of financial mis-management or mal-administration, it shall make
an order of such enquiry, as it may consider necessary.

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19

(3) The Government shall, for the purpose of any enquiry under sub­section
(2), appoint an inquiry officer or officers to inquire into any of the allegations
and  to  make  report  thereon.

(4) The  inquiry  officer  or  officers  appointed  under  sub-section  (3),  shall
have the same powers as are  vested in a civil court under the Code of Civil
Procedure, while trying a suit in respect of the following matters, namely :—

5 of 1908.

(a) summoning  and  enforcing  the  attendance  of  any  person  and

examining him on oath ;

(b) requiring  the  discovery  and  production  of  any  such  document  or

any other material, as may be predicable in evidence ;

(c) requisitioning  any  public  record  from  any  court  or  office  ;  and

(d) any  other  matter  which  may  be  prescribed.

2 of 1974.

(5) The inquiry officer or officers, inquiring under this Act, shall be deemed
to be a civil court for the purposes of section 195 and Chapter 26 of the Code
of  Criminal  Procedure,  1973.

(6) On receipt of the enquiry  report  from the officer or officers  appointed
under sub-section (3), if the Government is satisfied that the University has
contravened all or any of the provisions of this Act or the rules, statutes, or
ordinances made thereunder or has violated any of  the directions issued  by
it  under  this  Act  or  has  ceased  to  carry  out  the  undertakings  given  by  it
under section 5 of this Act or, a situation of financial mis-management and
mal-administration  has  arisen  in  the  University  which  threatens  the
academic  standard  of  the  University,  it  shall  issue  a  preliminary  order  for
the  liquidation  of  the  University  and  appoint  an  administrator.

(7) The  administrator  appointed  under  sub-section  (6),  shall  have  all  the
powers and be subject to all the duties of the Governing Body and the Board
of  Management  under  this  Act  and  shall  administer  the  affairs  of  the
University  until  the  last  batch  of  the  students  of  the  regular  courses  have
completed  their  courses  and  they  have  been  awarded  degrees,  diplomas  or
awards, as the case may be.

(8) After  having  awarded  the  degrees,  diplomas  or  awards,  as  the  case
may  be,  to  the  last  batches  of  the  students  of  the  regular  courses,  the
administrator  shall  make a  report  to  this  effect to  the  Government.

(9) On  receipt  of  the  report  under  sub-section  (8),  the  Government  shall,
by  notification  in  the Official  Gazette,  issue  a  final  order  dissolving  the
University and from the date of publication of such notification, the University
shall stand dissolved and all the assets and liabilities of the University shall
vest in the sponsoring body from such date.

48.

(1)  Immediately  after  the  commencement  of  this  Act,  there  shall  be
established  a  Secretary  Level  Committee  in  order  to  verify  and  ensure
compliance  of  the  requirements  to  the  guidelines  relating  to  the
establishment of self-financed universities, framed by the State Government
from time to time; and of the undertakings submitted by the sponsoring body.
The  Committee  shall  consist  of the  Secretaries-in-charge  of  the  Higher  and
Technical Education Department, the Finance Department and the Planning
Department.

Secretary level
committee and
opertionalization
of University.

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(2) The Committee constituted under sub-section (1), shall submit its report

to  the  Government.

(3) On  receipt  of  the  report  under  sub-section  (2),  the  State  Government
shall,  publish  a  notification  in  the Official  Gazette  allowing  the
operationalization  of  the  University.

(4) The  University  shall,  admit  the  students  only  after  issuance  of  the

notification  under  sub-section  (3).

Power to make
rules.

49.

(1) The Government may, by notification in the Official Gazette, make

rules. make rules for carry out  the  purposes of this Act.

(2) Without prejudice to the generality of the foregoing power, such rules

may provide for all or any of the following matters, namely :–

(a) matters  to  be  prescribed  under  clause  (d)  of  sub-section  (4)  of

section  47;

(b) any  other  matter  which  is  required  to  be,  or  may  be,  prescribed  by

rules.

(3) All the rules made under this Act shall be laid, as soon as may be after
it is made, before each House of the State Legislature, while it is in session,
for a total period of thirty days which may be comprised in one session or in
two  successive  sessions,  and  if,  before  the  expiry  of  the  session  in  which
they  are  so  laid  or  the  session  or  the  sessions  immediately  following,  both
Houses  agree  in  making  any  modification  to  the  rule  or  both  Houses  agree
that the rule should not be made, the rule shall from the date of publication
of a notification, have effect only in such modified form or be of no effect, as
the case may be; so, however, that any such modification or annulment shall
be  without  prejudice  to  the  validity  of  anything  previously  done  or  omitted
to  be  done  thereunder.

Power to
remove
difficulty.

50.

(1)  If  any  difficulty  arises  in  giving  effect  to  the  provisions  of  this
Act,  the  Government  may,  as  occasion  arises,  by  an  order  published  in  the
Official  Gazette,  do  anything  not  inconsistent  with  the  provisions  of  this
Act,  which  appears  to  it  to  be  necessary  or  expedient  for  removing  the
difficulty  :

Provided that, no such order shall be made after expiry of a period of two

years from the date of commencement of this Act.

(2) Every order made under sub-section (1), shall be laid, as soon as may

be, after it is made, before each House of the State Legislature.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY SHRI PARSHURAM JAGANNATH GOSAVI, PRINTED
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